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Special Edition Legal Case Study


Healthcare Professionals and Medical Malpractice: A Case Study with Risk Management Strategies

Medical malpractice claims can be asserted against any healthcare provider. Although there may be a perception that physicians are held responsible for the majority of lawsuits, the reality is that healthcare professionals, including physical therapists, pharmacists and counselors are more frequently finding themselves defending the care they provide.


Physical Therapist Edition

Case Study: Improper Performance Using Therapeutic Exercise

The patient (plaintiff) was a nine year old child with cerebral palsy who had undergone extensive surgery for correction of bilateral ankle contractures. He was referred back to physical therapy following removal of the casts from both legs. In addition to his surgery, the patient had a history of balance problems, as well as pain and weakness on his right side. He was well known to the physical therapist (defendant) who had provided his strengthening and balance therapy prior to surgery. Read the Full Case with Risk Management Recommendations
 

Read Previous Issues of the HPSO Special Edition Legal Case Study: Physical Therapist Edition

Pharmacist Edition

Case Study: Alleged dispensing of wrong drug resulting in the premature delivery of a 23 week old fetus with subsequent brain damage

The patient (plaintiff) was a 23-year old female who was 23weeks pregnant and had been experiencing slight vaginal bleeding with a suspected inadequate cervix. She was admitted to the inpatient obstetrical unit for observation and bed rest. Her physician ordered a progesterone suppository to stop the bleeding. Read the Full Case with Risk Management Recommendations
 

Read Previous Issues of the HPSO Special Edition Legal Case Study: Pharmacist Edition

Counselor Edition

Case Study: Alleged incorrect diagnosis, breach of confidentiality and improper recommendation to the client's wife that she seek family protective services

The defendant counselor deemed the husband to be at risk for injuring himself and further believed he was at significant risk for injuring his wife and his children. The defendant counselor recommended that the wife obtain assistance from family protective services and the wife did so. Upon the advice of the family protective services counselor, the wife moved with the children to a location several hundred miles away from the husband and subsequently filed for divorce. Read the Full Case with Risk Management Recommendations
 

Read Previous Issues of the HPSO Special Edition Legal Case Study: Counselors Edition



July 2012 Legal Case Study
Girl With Fractured Femur and Complicated Medical History Suffers Failure of External and Internal Fixator During Physical Therapy - $157,676 Net Verdict.

The plaintiff, age seven, had been diagnosed with rhabdomyosarcoma in the right thigh in 2004, at the age of two. Treatment of the cancer had led to a compromised immune system and cardiomyopathy as a consequence of contracting Epstein Barr.


The child underwent a heart transplant at the age of five and she also suffered osteonecrosis of the right hip from the cancer treatment. The osteonecrosis had led to a fracture of the right femur. The fractured femur could not be addressed immediately because of the heart transplant.


When the time was right the plan was developed for application of a multiplanar external fixator and then insertion of an internal fixator to repair the femur fracture and femoral acetabular impingement, followed by modification of the external fixator.


It was at this time that she had a physical therapy plan developed by a physical therapist in November 2009. The plaintiff was then taken to the physical therapy facility and placed on a therapy trampoline.


While jumping on the trampoline, both the internal and external fixator failed, causing three screws from the internal fixator to separate from the femur. This caused the plaintiff to require an emergency repair surgery. The plaintiff alleged negligence in the physical therapy treatment.


The case was initially tried to a hung jury. At the second trial the plaintiff alleged negligence in having a physical therapy plan which would involve impact to the femur. The defendant argued that the plan was consistent with the orthopedic surgeon’s prescription, which called for weight bearing, as tolerated, and range of movement of the right leg.


According to a published account a $407,676 verdict was returned. The verdict was reduced to $157,676 by MICRA.


With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.

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